Like Brazil, Australia also has a type of stable union registration. The name given in "aussie" land is "De facto relationship".
É considered a "de facto relationship" (in free translation) any couple who are not married on paper, people who are not related and who maintain a relationship together on a domestic basis.
In New South WalesFor example, adults who are in a relationship as a couple, regardless of genderThey can apply to have it registered, as long as at least one of them lives in the state.
A relationship cannot be recorded:
- If any person is under 18
- If anyone is married
- If any person is registered in another relationship
- If anyone is in a relationship as a couple with another person
- If the couple are related by family.
However, a couple doesn't have to live together to be able to register their relationship.
To apply, partners must:
- Make a legal declaration that you intend to register the relationship
- Being in a relationship as a couple with the other person
- Not married or in a relationship as a couple with anyone
- Not be related by family.
When applying, proof of identity is required for each person, along with payment of a fee. The couple do not need to provide any documentary evidence or proof of their relationship. However, it should be noted that it is a criminal offense to make a legal declaration with false content or to provide false and misleading information in such a context, under possible penalties.
Couples in registered relationships will be recognized as partners under NSW law. This means that they will be able to access various rights and services in the state.
What if the relationship ends?
One or both parties can request that the registration of a relationship be revoked. And it is not necessary for both partners to agree to the revocation. If only one person is revoking the registration, they must provide proof that they have notified the other. If the partner is unable to give notice, the registrar has the power to dispense with notice.
There is then a 90-day cooling-off period before the registration is revoked. This ensures that people don't make an impulse decision to end the relationship. As this is an administrative procedure, there will be no need to hire lawyers or go to court. A fee is charged for making a request to revoke registration.
The registration of a relationship can also be revoked by law after the death or marriage of a person in the relationship.
A registration is considered null and void (without legal effect) if:
- The agreement of one or both persons in the relationship is obtained by fraud, coercion or other improper means
- When the relationship was registered, either party was mentally incapable of understanding the nature and effect of the registration
- The relationship was forbidden (i.e. one of the people was married, etc.).
There is no fee for withdrawing a relationship registration within the 28-day cooling-off period, or a relationship revocation within the 90-day cooling-off period. There is also no refund of registration fees.
It should be noted that each state has its own legislation to formalize a relationship. But once the union is official in one of the states, all the others recognize it.
Have you cleared up your doubts?
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